Urban Environment Programme

Like most African countries, Zimbabwe has been facing rapid unplanned urbanisation and population explosion. This is exerting serious pressure on infrastructure and service provision. As a result, the urban areas face a myriad of environmental problems ranging from air and water pollution, portable water shortages, poor waste disposal and management standards, poor road network and energy shortages which all combine to create health hazards for the urban residents and perpetuating environmental injustice. This situation is compounded by the economic and political problems obtaining in the country which in turn lead to limited respect of environmental rights. This programme therefore seeks to ensure that government departments, local authorities, NGOs, industries as well as the urban residents join hands to protect the urban environments. The programme is being implemented through participatory research activities on environmental justice in service delivery, peaceful resolution of disputes related to service delivery and impact litigation when negotiations fail.

Research and Publications on Urban Agriculture

The Zimbabwe Environmental Law Association (ZELA) has been partnering with the Municipal Development Partnership for Eastern and Southern Africa (MDP-ESA) since 2003 to promote the practice of sustainable and environmentally friendly urban agriculture in the country‘s urban areas. ZELA has been particularly concerned about whether the policy and legislative framework at country and municipal level is favourable to the practice of urban agriculture while at the same time promoting sound farming practices that do not degrade the environment. This partnership resulted in the publication of a book on Urban Agriculture to Enhance Food Security in urban Areas. The publication arose out of a joint research study of the legal and policy framework for urban agriculture in Harare by ZELA and MDP. ZELA is currently in the process of assisting some local authorities in Zimbabwe to review their municipal by-laws so that they are more responsive to the need to ensure food security in urban areas, poverty reduction and environmental conservation.

Litigation

As a public interest environmental law organization, ZELA offers free legal advice and representation to disadvantaged urban communities. Most of the environmental court cases handled by ZELA so far have been based on poor service delivery by local authorities for urban residents. ZELA has taken the municipalities of Mutare, Harare, Gweru and Chitungwiza to court on behalf of poor residents affected by water pollution, uncollected waste and discharge of sewage into residential areas and rivers. The court cases handled by ZELA so far have served as a lesson to local authorities to respect environmental rights. Further, there has been growing demand for litigation by different communities around the country who are facing different environmental problems. However, ZELA does not take cases to court without first pursuing alternative dispute resolution mechanisms to resolve the conflict.

Registration of Environmental Action Groups

Through the Urban Environment Programme, ZELA has registered a number of Environmental Action Groups to exist as legal entities for the purposes of improving and assisting local authorities in waste management. Although the groups are voluntary in nature they have started to embark on income generation projects such as waste collection and recycling for poverty reduction.

The Access Initiative (TAI)

The Access Initiative (TAI) is a global coalition of civil society organizations dedicated to promoting the implementation of Principle 10 of the Rio Declaration on Environment and Development and closing the gaps between international commitments to information and participation and national laws and practices. www.theaccessinitiative.org Principle 10 of the Rio Declaration states that “Environmental issues are best handled with the participation of all concerned citizens, at the relevant level. At the national level, each individual shall have appropriate access to information concerning the environment that is held by public authorities, including information on hazardous materials and activities in their communities, and the opportunity to participate in decision-making processes. States shall facilitate and encourage public awareness and participation by making information widely available. Effective access to judicial and administrative proceedings, including redress and remedy, shall be provided.”

The Zimbabwe Environmental Law Association (ZELA) together with partner institutions and researchers in Zimbabwe conducted the country assessment for Zimbabwe to establish the level of implementation of Principle 10 of the 1992 Rio Declaration on Environment and Development by the country. The assessment therefore examined: i) Access to environmental information, ii) Public participation in environmental decision making, iii) Access to environmental justice and iv) capacity building in relation to the above access principles. The results of the assessments are contained in the research report at.

Water Quality Law Research Project

The Water Quality Law Research Project is being implemented by ZELA with the objective of assessing and highlighting the strengths, weaknesses and opportunities that exist in the implementation and enforcement of water quality legislation in Zimbabwe. The project is being funded by the Water Research Fund for Southern Africa (WAFRSA) under the management of the Institute of Water and Sanitation Development. Through the preliminary research findings ZELA observed that there is a steady upsurge of civil court cases by residents against municipalities based on water pollution and the contravention of people’s rights to access clean water. It has also been noted that the implementation and enforcement of water quality legislation in Zimbabwe is being hampered by the prevailing economic, political and social environment which is causing institutional and systemic bottlenecks in service delivery.

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